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Desire v. Department of Homeland Security

United States District Court, Second Circuit

December 17, 2013

BUHENDWA BAGULA DESIRE and KALIMIRA NABINTU GHYSLAINE, Plaintiffs,
v.
DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Service, Defendant.

DECISION and ORDER

WILLIAM M. SKRETNY, Chief District Judge.

Plaintiffs have filed a pro se complaint under 8 U.S.C. § 1447(b) requesting a hearing and a determination of their applications for naturalization which they claim have been pending for more than 120 days with the United States Citizenship and Immigration Service ("USCIS"). (Docket No. 1.) They both seek permission to proceed in forma pauperis and appointment of counsel. (Docket Nos. 2-3.) Plaintiffs' motion for appointment of counsel is denied at this time without prejudice as premature, [1] and because plaintiffs have met the statutory requirements for proceeding in forma pauperis, see 28 U.S.C. § 1915(a), their requests to proceed in forma pauperis are hereby granted. In addition, the complaint has been reviewed by the Court with respect to the 28 U.S.C. § 1915(e)(2) criteria.

The Clerk of the Court is directed to file plaintiff's papers, and to serve copies of the Summons and Complaint upon defendant by sending copies of the Summons, Complaint, and this Order by certified mail to the following, pursuant to Rule 4(i) of the Federal Rules of Civil Procedure:

• Attorney General of the United States, Main Justice Building, 10th and Constitution Avenues N.W., Washington, DC 20530;

• Civil Process Clerk, United States Attorney for the Western District of New York, United States Attorney's Office, 138 Delaware Avenue, Buffalo, New York 14202; and

• Department of Homeland Security, U.S. Citizenship and Immigration Services, Buffalo Office, 130 Delaware Avenue, Buffalo, New York 14202.

This will be deemed good and sufficient service upon defendant pursuant to Fed.R.Civ.P. 4(i)(2).

SO ORDERED.


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